`
`ANDREW V. TRASK
`(202) 434-5023
`atrask@wc.com
`
`
`
`
`
`
`Via Email
`
`August 2, 2022
`
`
`
`Rex A. Mann, Esq.
`Winston & Strawn LLP
`2121 North Pearl Street, Suite 900
`Dallas, TX 75201
`rmann@winston.com
`
`
`Re: Hardin, et al. v. Samsung Electronics Co., Ltd., et al., civil action no. 2:21-cv-
`290-JRG (E.D. Tex.)
`
`Dear Rex:
`
`I write regarding petitions for inter partes review (IPR) that will be filed
`imminently against certain claims of U.S. Patent Nos. 9,779,418, 10,049,387, and 10,984,447.
`Samsung hereby stipulates that:
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01327, then
`Samsung Electronics Co., Ltd., and Samsung Electronics, America, Inc., (collectively,
`“Samsung”) will not pursue, with respect to the ’387 patent in Case No. 2:21-CV-
`00290-JRG, invalidity of the challenged claims based on the grounds instituted in
`IPR2022-01327, or based on any 35 U.S.C. §§ 102, 103 grounds using U.S. Patent
`Publication No. 2010/0279665 (“Hardin ’665”) as the primary reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01328, then
`Samsung will not pursue, with respect to the ’387 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01328, or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01329, then
`Samsung will not pursue, with respect to the ’387 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01329 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`Exhibit 1032
`Page 01 of 03
`
`
`
`
`
`
`August 2, 2022
`Page 2
`
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01330, then
`Samsung will not pursue, with respect to the ’418 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01330 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01331, then
`Samsung will not pursue, with respect to the ’418 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01331 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01332, then
`Samsung will not pursue, with respect to the ’418 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01332 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01333, then
`Samsung will not pursue, with respect to the ’447 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01333 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01334, then
`Samsung will not pursue, with respect to the ’447 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01334 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`● If the Patent Trial and Appeal Board (PTAB) institutes trial in IPR2022-01335, then
`Samsung will not pursue, with respect to the ’447 patent in Case No. 2:21-CV-00290-
`JRG, invalidity of the challenged claims based on the grounds instituted in IPR2022-
`01335 or based on any 35 U.S.C. §§ 102, 103 grounds using Hardin ’665 as the primary
`reference.
`
`In so stipulating, Samsung seeks to avoid multiple proceedings addressing the
`validity of the patents-in-suit based on the same grounds. Rather, consistent with Congressional
`intent, Samsung wishes the patentability of these patents over those grounds to be addressed at
`the PTAB. But, for the sake of clarity and to avoid any doubt, if the PTAB declines institution of
`one or more IPRs, Samsung reserves the right to pursue the grounds of those IPRs in this
`litigation.
`
`
`
`Exhibit 1032
`Page 02 of 03
`
`
`
`Sincerely,
`Sincerely,
`WA
`
`
`
`Andrew V. Trask
`Andrew V. Trask
`
`
`
`
`
`
`WILLIAMS & CONNOLLY ie:
`
`August 2, 2022
`August 2, 2022
`Page 3
`Page 3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1032
`
`Page 03 of 03
`
`Exhibit 1032
`Page 03 of 03
`
`
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